A maritime worker has filed a lawsuit against a prominent marine transportation company, alleging severe injuries sustained while on duty. Jason Ross, the plaintiff, lodged his complaint in the District Court of Harris County, Texas, on August 22, 2024, targeting Kirby Corporation and its affiliated entities.
Ross claims that during his employment as a Jones Act seaman aboard Kirby's vessel MOUNT DRUM and its barge NOA, he suffered debilitating wrist injuries due to the defendants' negligence. The incidents occurred between September 1 and September 8, 2021, while Ross was engaged in routine tasks involving malfunctioning cargo valves. "Those valves were old, would often get stuck," Ross stated in his petition. He detailed how the strenuous manual operation of these valves led to swelling and pain in his right wrist.
On September 8, despite reporting his injury to the Captain and expressing his inability to perform certain tasks, Ross was ordered to continue working. This led to an exacerbation of his condition when he attempted to handle heavy dock lines. "As Plaintiff went to throw the tug’s spring line...he felt a 'pop' and immediate pain in his right wrist," reads the complaint. Despite evident injury signs, Ross was not provided immediate medical attention but continued working under duress until September 9.
Ross eventually sought medical help at Concentra Honolulu where initial assessments downplayed the severity of his injury. It wasn't until months later that more extensive damage was diagnosed requiring multiple surgeries: arthroscopy TFCC debridement with carpal tunnel release surgery in March 2022; scaphoid reconstruction in December 2022; and hardware removal in February 2023.
The plaintiff accuses Kirby Corporation of several breaches including failure to provide a safe working environment and adequate medical care post-injury. He also alleges unseaworthiness of the vessel due to outdated equipment and insufficient crew support. Furthermore, Ross asserts that Kirby failed to meet their obligations for Maintenance and Cure benefits which are mandated under maritime law for injured seamen.
Ross is seeking compensation exceeding $1 million for past and future medical expenses, lost wages, physical pain and suffering among other damages. Additionally, he is pursuing punitive damages citing Kirby's "unreasonable" denial of timely medical care which he argues was "arbitrary and capricious."
Representing Jason Ross are attorneys Charles F. Herd Jr., Brandon C. Francis from Herd Law Firm PLLC. The case is presided over by Judge Marilyn Burgess under Case ID: 2024-53042.